Section 34-22-100 Purpose. The purpose of this article is to provide for the identification and treatment of optometrists licensed under Alabama law who suffer from impairment in order to promote the public health and safety and to ensure the continued availability of the skills of highly trained optometric professionals for the benefit of the public. […]
Section 34-22-101 Definitions. For purposes of this article, the following terms shall have the following meanings: (1) BOARD. The Alabama Board of Optometry. (2) IMPAIRED or IMPAIRMENT. The inability of an optometrist to practice optometry with reasonable skill and safety to patients by reason of illness, inebriation, excessive use of drugs, narcotics, alcohol, chemicals, or […]
Section 34-22-102 Powers and duties of board. To carry out the purposes of this article, the board may: (1) Contract with any nonprofit corporation, health provider, or professional association for the purpose of creating, supporting, and maintaining a treatment program. (2) Receive and evaluate reports of suspected impairment from any source. (3) Intervene in cases […]
Section 34-22-103 Procedures for notification of program, self-reporting, and participation. The board shall develop procedures for the following: (1) Informing each participant in a treatment program of the program procedures, responsibilities of program participants, and the possible consequences of noncompliance with the program. (2) Voluntary self-reporting and treatment program participation by an optometrist. (Act 2006-411, […]
Section 34-22-104 Evaluation; hearing. (a) If the board has reason to believe that an optometrist is impaired, the board may cause an evaluation of the optometrist to be conducted for the purpose of determining if there is an impairment, and may suspend or restrict the license of any optometrist who declines to submit to and […]
Section 34-22-105 Restriction of license upon request. (a) An impaired optometrist may request in writing to the board the imposition of a restriction of his or her license to practice. (b) The board may grant such request for restriction and may attach conditions to the licensure of the optometrist to practice optometry within specified limitations. […]
Section 34-22-106 Confidentiality of records; discovery; limitations on testimony. (a)(1) Notwithstanding any provision of law, records of the board pertaining to an impaired optometrist shall be confidential and shall not be subject to discovery or subpoena. (2) No person in attendance at any board meeting concerning an impaired optometrist shall subsequently be required to testify […]
Section 34-22-107 Limitations or restrictions to employment on basis of treatment prohibited. An impaired optometrist who is participating in or has successfully completed a treatment program pursuant to this article shall not be limited or restricted in his or her professional practice or excluded from any hospital staff solely because of treatment program participation. (Act […]
Section 34-22-108 Liability. (a) Notwithstanding any other provision of law, the board, board members, board committees, board committee members, and employees and agents of the board shall not be held liable in damages to any person in connection with acts or omissions within the scope of their responsibilities pursuant to this article. (b) No person […]
Section 34-22-109 Responsibilities of optometrists under article. Any optometrist who is identified as being impaired or voluntarily reports his or her impairment shall be responsible for the following: (1) Paying fines for violations of law, rules, or regulations as determined by the board. (2) Paying expenses incurred from determining impairment, approved treatment program, post-treatment monitoring, […]
Section 34-22-110 Rules and regulations. The board may adopt and promulgate rules to effect the purposes of this article with such rules to be promulgated and enforced pursuant to the Administrative Procedure Act. (Act 2006-411, p. 1021, §11.)
